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1811 2nd October Tremeer Lanivet
THIS INDENTURE OF THREE PARTS MADE the 2nd day of
October in the fifty first year of the reign of Our
Sovereign Lord George the Third by the grace of God of
the United Kingdom Our Lord 1811 BETWEEN EDWARD COODE of
the Parish of Saint Austell in the said County Gentleman
of the first part EDWARD FOX of Gonvea in the Parish of
Egloshayle in the said County Merchant and EDMUND JOHN
GLYNN of Glynn in the said County Esquire of the third
part WHEREAS by a certain indenture bearing date the
31st day of November last made or expressed to be made
between William Stephen Poyntz of Coudray in the County
of Sussex of the first part William Hazell of Hingham in
the County of Berks yeoman William Budd of Rewbury in
the said County of Berks Gentleman and George Gray of
the same place gentleman of the second part the said
Edward Coode of the third part and the said Edward Fox
of the fourth part after reciting as therein is recited
capital messuage Barton farm Demesne lands and other
freehold hereditaments therein and hereinafter
particularly described and mentioned and intended to be
hereby appointed and granted and release were and do now
stand settled limited and assured TO such use upon and
for such trusts intents and purposes and with under and
subject to such powers provisos and arbitrations as he
the said Edward Coode by any deed or deeds writings or
writings with or without power of revocation to be by
him sealed and delivered in the presence of and attested
by two or more reliable witnesses should from time to
time direct limit or appoint and until? Time and until
and also default of any such direction limitation or
appointment and so far as the same if incomplete should
not extend TO the use of the said Edward Coode and his
assigns during his life without impeachment of waste and
after determination of that estate by any means in his
lifetime TO the use of the said Edward Fox his heirs of
the estate thereby limited in the use to the said Edward
Fox and his heirs as aforesaid TO the only use of the
said Edward Coode his heirs and assigns for over and to
for or upon no other use intent or purpose whatsoever
AND WHEREAS Sir John Saint Aubyn late of Clowance in the
said County of Cornwall Baronet deceased (being seized
or otherwise will entitle in fee simple of or to among
other hereditaments the piece or parcel of land situate
and being in the Parish of Lanivet aforesaid hereinafter
described and intended to be hereby assigned made and
duly published his last will and testament in writing
bearing date on or about the 21st day of February in the
year 1760 and thereby devised all his manors lands
tenements and hereditaments whatsoever in the County of
Cornwall or elsewhere in Great Britain unto Philip
Rashleigh Esquire and Sir Philip Vyvyan Baronet and
their heirs to and for ? uses intents and purposes
therein declared thereof and among other TO the use of
Sir Richard Warwick Bainfylde Baronet and Reginald Pole
Esquire their executors administrators and assigns for
500 years to commence from the death of Sir John Saint
Aubyn upon trust to raise by sale or mortgage of the
purchased premises such sum and sums of money as might
be sufficient to pay his (the said testators debts
legacies and children’s portions and the said testator
appointed his wife Dame Elizabeth saint Aubyn the said
Sir Richard Warwick Bainfylde Reginald Pole and William
Wingfield executrix and executors of his said will and
he afterwards died without having revoked or altered the
same and upon the death the said Dame Elizabeth Saint
Aubyn alone duly proved his said will in the Perogative
Court of Canterbury AND WHEREAS by and indenture bearing
date on or about the 6th day of March 1773 and made and
expressed to be made between the said Sir Richard
Warwick Bainfylde of the first part and the said Dame
Elizabeth Saint Aubyn of the second part and George
Wingfield Esquire of the third part after reciting the
said will and that the aforesaid manors messuages lands
and tenements were then vested in the said Sir Richard
Warwick Bainfylde who had not acted in the trust of the
same will but was desirous of being discharged there
from It is witnessed that for the considerations therein
mentioned the said Sir Richard Warwick Bainfylde with
the consent of the said Dame Elizabeth Saint Aubyn did
assign unto the said George Wingfield all and singular
the Manors Messuages lands and tenements comprised in
the said term of 500 years ? the said in part recited
will TO hold the same unto the said George Wingfield his
executors administrators and assigns from thenceforth
for the residue of the said term of 500 years upon and
for the trusts intents and purposes declared thereof by
the said in part recited will AND WHEREAS by an
indenture bearing date on or about the 25th day of March
in the year 1773 and made or expressed to be made
between the said George Winfield of the first part the
said Same Elizabeth Saint Aubyn of the second part and
Edmund Bochin Arthur Vansittart and Charles Brett of the
third part After reciting the will and last recited
indenture reciting that the said Dame Elizabeth Saint
Aubyn had taken up £20,000 to pay the aforesaid debts
and legacies and that the said Edmund Bochin Arthur
Vansittart and Charles Brett had agreed to lend the same
It is witnessed that in consideration of the sum of
£20,000 paid by the said Edmund Bochin Arthur Vansittart
as therein mentioned the said George Wingfield with the
consent of the said Dame Elizabeth saint Aubyn did
bargain sell and demise unto the said Edmund Bochin
Arthur Vansittart and Charles Brett their executors
administrators and assigns all and singular the Manors
Messuages Lands and Tenements comprised in the said term
of 500 years created by the said in part recited will TO
hold the same to them their executors administrators and
assigns from thenceforth for the term of 400 years But
subject to redemption on payment of the said sum of
£20,000 and interest as therein mentioned AND WHEREAS
retain the lands and tenements comprised in the said
terms of 500 years and 400 years were afterwards
absolutely sold and disposed of for the residue of the
terms under a decree of the Court of Exchequer unto Sir
John Saint Aubyn Baronet and the same were assigned by
his direction unto Thomas Grylls Gentleman for the
residue of the same term of 400 years and unto John
Borlase Gentleman for the residue of the said term of
500 years but in trust as to both the said terms for the
said Sir John Saint Aubyn the purchaser his executors
administrators and assigns AND WHEREAS by an indenture
bearing date on or about the 1st day of October in the
year 1805 and made or expressed to be made between the
said Sir John Saint Aubyn the purchaser of the first
part the said Thomas Grylls of the second part William
Poyntz Esquire of the third part the said William
Stephen Poyntz of the fourth part the said John Borlase
of the fifth part and the said William Hazell William
Budd and George Gray of the sixth part after reciting
among other things that the said William Poyntz and
William Stephen Poyntz consented with the said Sir John
Saint Aubyn party thereto for the purchase of the
premises therein and hereinafter described for the
residue of the said terms of 500 years and 400 years for
the sum of £760 and that the said sum was part of
certain monies in their hands which were subject to
their joint appointment It is by the now written
indenture witnessed that in consideration of the sum of
£760 to the said Sir John Saint Aubyn paid by the said
William Poyntz and William Stephen Poyntz (amongst other
premises) the pieces and parcels of land or ground
containing in the whole 4 acres 2 roods and 5 perches
hereinbefore described and expressed to be hereby
assigned the same several premises being part of the
lands and premises comprised in the said term of 500
years and also in the said derivative term of 400 years
which were absolutely sold under a decree as aforesaid
were assigned by the said Thomas Grylls under the
direction of the said Sir John Saint Aubyn party thereto
William Poyntz and William Stephen Poyntz unto the said
William Hazell and William Budd for the residue of the
said derivative term of 400 years and the same premises
were by the like direction aforesaid assigned by the
said John Borlase to the said George Gray for the then
residue of the said term of 500 years upon trust
nevertheless (as both the said terms for such person and
persons for such estate or estates ends suits and
purposes as they the said William Poyntz and William
Stephen Poyntz during their joint ? by any such deed or
deeds instrument or instruments in writing as therein
mentioned should jointly direct limit and appoint and in
default of such powers provisos declarations and
agreements upon trust for such person and persons for
such estate and estates ends intents and purposes with
under and subject to such powers provisos declarations
and agreements charged and chargeable with such yearly
or other sum or sums of money and with such limitations
and remainders over and in such manner and form in all
respects as the said William Stephen Poyntz alone in
case he should survive the said William Poyntz should at
any time or times and from time to times after the death
of the said William Stephen Poyntz sealed and delivered
in the presence of and attested by two or more reliable
witnesses or by such his last will and testament in
writing or any codicil or codicils thereto as therein
mentioned direct limit and appoint AND WHEREAS the said
William Poyntz departed this life some time since
without having concurred with the said William Stephen
Poyntz in making any appointment of all or any part of
the said leasehold pieces or parcels of land and other
premises hereditaments particularly described and
intended to be hereby assigned AND WHEREAS by the said
hereinbefore in part recited indenture of the 31st day
of December last after reciting the will of the said Sir
John Saint Aubyn the testator the said several
indentures of the 6th day of March 1773the 25th day of
March 1773 the sale under the decree of the Court of
Exchequer and the indenture of the 1st day of October
1805 as or to the effect hereinbefore recited for the
considerations therein mentioned by the said William
Hazell William Budd and George Gray at the request and
by the direction and appointment by the said William
Stephen Poyntz testified by the now reciting deed or
instrument in writing by him sealed and delivered in the
presence of and attested by the two credible person
who’s names are indorsed thereupon as witnessed to the
sealing and delivery thereof by the William Stephen
Poyntz and which said written and appointment were by
him the said William Stephen Poyntz made pursuant to and
by virtue of the said power or authority in him for that
purpose vested by or under the said indenture of the
said 1st day of October 1805 and all other powers and
authorities enabling him thereunto and according to the
respective estates terms and interests of them the said
William Hazell William Budd and George Gray in the
leasehold piece or parcels of land and other premises
hereinafter assigned or intended so to be and so far
only as they respectively could or might and every of
them did bargain sell alien and set over and the said
William Stephen Poyntz pursuant to and by virtue and in
exercise of his said last mentioned power and authority
and all other powers and authorities and also all
estates rights and interests whatsoever enabling him in
the behalf did by the now writing deed or instrument in
writing by him sealed and delivered and so attested as
therein and hereinbefore is mentioned irrevocably direct
appoint assign release and confirm unto the said Edward
Coode his executors and administrators the said piece or
parcels of land containing in the whole 4 acres 2 roods
and 5 perches hereinafter described and expressed to be
hereby assigned with the appurtenances TO HOLD the same
unto the said Edward Coode his executors administrators
NOW IN the occupation of Thomas Thomas as tenant thereof
together with all and singular all and singular houses
outhouses edifices buildings yards ways paths passages
waters water courses lands meadows leisure’s pastures
feedings woods underwoods profits privileges advantages
and appurtenances whatsoever to the Capital Messuage
Barton Farm Demesne Lands and other hereditaments hereby
granted and released or intended so to be any part
thereof belonging or in any wise appertaining or to or
with the same or any part thereof now or at any time
heretofore demised used occupied or enjoyed or accepted
reputed deemed taken or known as part parcel or member
thereof (Save and except and always reserved unto
William Stephen Poyntz Esquire his heirs appointees and
assigns All and all manner of Common common of pasture
common of turbary and all other commonable rights in
over and upon the several Commons called Lamonack Clan
and Church Town and all other Commons and waste lands
with in the said Parish of Lanivett appendant and
appurtenant to the said messuage lands hereditaments and
premises hereinbefore expressed to be hereby limited and
appointed or any part or parcel thereof and all
allotments to be made in lieu of any such Common or
Commonable Rights AND the reversion and reversions
remainder and remainders yearly and other rents issues
and profits of all and singular the said Capital
Messuage Barton Farm Demesne Lands and other
hereditaments hereinbefore expressed and intended to be
hereby released with their appurtenances and every part
and parcel thereof (which said Capital Messuage Barton
Farm Demesne Lands hereditaments and premises
hereinbefore described and mentioned and intended to be
hereby granted and released are now in the actual
possession of the said Edmund John Glynn by virtue of a
bargain and sale for the term of a year to him thereof
made by the said Edward Coode and Edward Fox in
consideration of 5 shillings to them paid by the said
Edmund John Glynn by and indenture bearing date the day
next before the day of the date of these presents and by
force of the statute for transferring uses into
possession )and all the estate right title interest use
trust property benefit claim and demand whatsoever at of
the said Edward Coode and Edward Fox and of each or
either of them in to and upon the said Capital Messuage
Barton Farm and Demesne Lands Hereditaments and premises
or any part thereof TO HAVE AND TO HOLD the said capital
Messuage Barton Farm and Demesne Lands Hereditaments and
all and singular other the Premises mentioned and
intended to be hereby appointed and granted and released
unto the said \Edmund John Glynn his heirs and assigns
for ever To the use of the said Edmund John Glynn his
heirs and assigns by these presents that he the said
Edward Fox hath not at any time heretofore done
committed or suffered any act matter or thing whatsoever
or by reason or means whereof the said Capital Messuage
Barton Farm Demesne Lands hereditaments and premises
mentioned and intended to be hereby granted and released
or any part thereof are is can shall or may be impeached
charged attested or incumbered in Title Estate or
otherwise howsoever AND THIS INDENTURE FURTHER
WITNESSETH that in further pursuance of the said recited
agreement and in consideration of the said sum of £7500
paid by the said Edmund John Glynn to the said Edward
Coode as hereinbefore is mentioned HE the said Edward
Coode HATH bargained sold assigned transferred and by
these presents DOTH bargain sell assign and transfer and
Edmund John Glynn his executors administrators and
assigns ALL those pieces and parcels of ground situate
lying or being in the Parish of Lanivet in the said
County of Cornwall containing in the whole 4 acres 2
roods and 5 perches (a little more or less) late in the
tenure of the said William Lanyon and since of the said
Frances Lanyon his widow and now held by or in the
occupation of the said Thomas Thomas (being the same
premises of the said last in part recited indenture of
the 31st day of December last and thereby assigned for
the respective residue of the said derivative term of
400 years and of the said original term of 500 years as
therein and in part hereinbefore mentioned AND ALSO the
aforesaid tenement called Tredenou otherwise Tredinham
with its appurtenances situate lying and being in the
Parish of Lanivett aforesaid being the promise as are
mentioned and comprised in the said part recited
indenture of lease of the 25th day of March last and
thereby demised as therein and hereinbefore mentioned
and all the estate right title interest term and terms
of years yet to come and unexpired trust property claim
and demand whatsoever of the said Edward Coode into and
upon the same premises mentioned and intended to be
hereby assigned or intended so to be unto the said
Edmund John Glynn his executors administrators and
assigns from henceforth for and during all the rest and
residue now to come and unexpired of the said original
term of 500 years created by the said in part recited
will and also for and during all the rest and residue
now to come and unexpired of the said derivative te5rm
of 400 years created by the said indenture of the 25th
day of March in the year 1773 and also for and during
all the rest and residue and unexpired of the said term
of 90 years created by the said in part recited
indenture of lease determinable as aforesaid AND the
said Edward Coode doth for himself his heirs executors
and administrators grant covenant promise and agree to
and with the said Edmund John Glynn his heirs executors
administrators and assigns by these presents in manner
following (that is to say that for and notwithstanding
any act manner thing whatsoever by him the said Edward
Coode or any person or persons lawfully claiming by from
under or in trust for him made done committed executed
or suffered to the contrary the power by the said
indenture of the 31st day of December last given or
LIMITED TO the said Edward Coode as aforesaid was
thereby well and truly well and effectually created that
the same power is now in full force as to be freehold
hereditaments hereinbefore appointed and released and in
? suspended extinguished or impeached and that by the
exercise hereby made of the same power the Capital
Messuage Barton Farm demesne Lands and other freehold
hereditaments hereinbefore appointed and released will
be effectually conveyed and assured for the sole benefit
of the said Edmund John Glynn his heirs and assigns AND
that for and notwithstanding any act deed matter or
thing whatsoever by the said Edward Coode or any person
lawfully claiming by from under or in trust for him made
done committed executed or suffered to the contrary they
the said Edward Coode and Edward Fox or one of them now
have or hath in themselves or himself respectively good
right full power and lawful and absolute authority to
convey and assure the said Capital Messuage Demesne
Lands and other the freehold hereditaments and premises
mentioned and intended to be hereby granted and released
unto and to the use of the said Edmund John Glynn his
heirs and assigns and that he the said Edward Coode and
Edward Fox as his trustee now have or one of them hath
in themselves or himself respectively good right full
power and lawful and absolute authority to appoint grant
and release the said Capital Messuage Barton Farm
Demesne Lands and other freehold hereditaments mentioned
and intended to be hereby appointed and granted released
and that he the said Edward Coode now hath in himself
good right full power and lawful and absolute authority
to assign the said Leasehold premises mentioned and
intended to be hereby assigned unto the said Edmund John
Glynn his executors administrators and assigns for and
during all the rest and residue now to come and
unexpired of the said original term of 500 years created
by the said in part recited will and also of the said
derivative term of 400 years created by the said
indenture of the 25th day of March last determinable as
aforesaid in manner aforesaid and also of the said term
of 99 years created by the said indenture of lease of
the 25th day of March last determinable as aforesaid in
manner aforesaid and according to the true intent and
meaning of these presents AND that it shall and may be
lawful to and for the said Edmund John Glynn his heirs
executors administrators and assigns respectively from
time to time and at all times hereafter peaceably and
quietly to have hold occupy possess and enjoy the said
Capital Messuage Barton Farm Demesne Lands and other
freehold hereditaments and also the said leasehold
premises hereby appointed and released and assigned
respectively to and for his and their own benefit
without any the lawful let suit trouble eviction claim
or demand whatsoever of or by him the said Edward Coode
or any person or persons lawfully claiming or to claim
by from under or in trust for him as except as
hereinafter mentioned and that free and clear and freely
and clearly acquitted exonerated and for ever discharged
or otherwise by the said Edward Coode his heirs
executors and administrators well and sufficiently saved
defended kept harmless and indemnified of from and
against all forms and other gifts grants bargains sales
appointments jointures dowers uses trusts intails wills
statutes judgements executions rents forfeitures ? and
all other estates titles charges and incumbrances
whatsoever had made executed occasioned or suffered by
the said Edward Coode or any person or persons lawfully
claiming or to claim by from under or in trust for him
(other than and except a certain contract or agreement
entered into by the said Edward Coode with the said
Thomas Thomas for a demise of lease of the said Capital
Messuage Barton Farm Demesne Lands and other the
premises mentioned and intended to be hereby granted and
released and assigned respectively for a term of 14
years from the 29th day of September in the year 1810 at
and under the yearly rent of £345 AND further that he
the said Edward Coode his heirs executors and
administrators respectively and all and every person or
persons whomsoever having or claiming any lawful or
equitable estate right title or interest in to or out of
the said Capital Messuage Barton Farm Demesne Lands and
freehold hereditaments and the said leasehold premises
hereby appointed and released and assigned respectively
or intended so to be or any part thereof respectively by
from or under or in trust for him the said Edward Coode
(other than and except the said Thomas Thomas in respect
of the said aforesaid contract or agreement hereinbefore
excepted shall and will and all at all times hereafter
upon every reasonable request and at the proper costs
and charges of the said Edmund John Glynn his heirs
executors administrators or assigns respectively make do
and execute or cause and promise to be made done and
executed all and every such further and other lawful and
reasonable acts deeds things conveyances assignments and
assurances in the law whatsoever for the further better
and so to be and every part thereof with their
appurtenances unto and to the use of the said Edmund
John Glynn his heirs and assigns and for the further
better more perfectly and absolutely assigning and
assuring the leasehold pieces and parcels of land
tenement and other premises hereby assigned or intended
so to be unto the said Edmund John Glynn his executors
administrators and assigns for and during all rest and
residue of the aforesaid term of 500 years and also of
the said derivative term of 400 years and also the term
of 99 years now subsisting therein respectively as by
the said Edmund John Glynn his heirs executors
administrators or assigns respectively or his or their
counsel learned in the law shall be reasonably devised
or advised and required IN WITNESS whereof the said
parties to there presents their hands and seals have
hereunto set the day and year first above written
Signed
| Edward Coode |
Edward Fox |
E J Glynn |
Signed on reverse
| John Browne |
|
John Cory
Joseph Childs |
John Colman
Edward Coode |
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